RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01777

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 26, Separation Code be changed from “JFL,” which denotes “Discharge with Disability Severance Pay” to “JFL2,” which denotes “Physical Disability that Existed Prior to Service (EPTS) but was aggravated by the Service, with severance pay.” 

APPLICANT CONTENDS THAT:

He reported that he was having knee pain prior to entering the Armed Forces.  Both his medical and DVA records reflect his condition EPTS.

He did not have any difficulty during Basic Military Training (BMT) or technical school.  He became aware of the pain and discomfort after he arrived in Japan and started working 12 hour shifts.

The separation code has prevented him from receiving disability payments from the Department of Veterans Affairs (DVA) for the last 25 years.  

The correct separation code will allow the DVA to honor his claim.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

According to CBPOL-88-63, Airman Separation Program Designators (SPD) dated 20 Jul 88, separation code JFL2 was not in use during the time the applicant separated from the Air Force.  

On 12 Oct 88, the applicant enlisted in the Regular Air Force.

On 15 Jun 90, a Medical Evaluation Board (MEB) convened to consider the applicant for continued active duty.  The board recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB) for Chronic Bilateral Patellar Femoral Syndrome.  

On 12 Jul 90, the IPEB reviewed the case and found the applicant unfit and recommended he be discharged with severance pay with a compensable disability rating of 20 percent.  The IPEB noted “the applicant does not meet the physical qualifications for cross-training.  Although there was some indication that the condition may have Existed Prior to Service (EPTS), the PEB was unable to definitely confirm it; and, there was unquestioned service aggravation.”  On 6 Aug 90, the applicant concurred with the findings and recommended disposition of the PEB.  

On 10 Aug 90, officials within the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed he be discharged by reason of physical disability, with entitlement to 20 percent severance pay.  

On 11 Sep 90, the applicant was discharged in the grade of airman first class (A1C), with a separation code of “JFL,” and a narrative reason for separation of “Discharge for Disability-Entitled to Severance Pay.”  He was credited with 1 year and 11 months of active duty service.

On 20 Jun 13, the DVA determined the applicant’s left and right knee disability (previously bilateral patellar femoral syndrome was not related to his military service; therefore, service-connection was denied.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends the applicant readdress his concerns with the DVA.  The codes used to document the applicant’s separation from the Air Force for physical disability are correct.  Research reflects the definition of separation code “JFL2” was/is “Physical Disability that EPTS but was aggravated by the Service, with severance pay.”  However, there is no indication of dates this code was/in effect, and it does not appear the code has ever been used.  Rather the “blanket” JFL was the code assigned to all disability separations.  Since JFL identifies the service member was entitled to severance pay based on a Line of Duty (LOD) injury (either occurred on or aggravated by military service), it would appear to qualify the service member for receipt of benefits from the DVA.  

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Nov 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In addition, the Air Force OPR has reviewed this application and recommends the applicant contact the Department of Veterans Affairs for further assistance.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-01777 in Executive Session on 22 Mar 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01777 was considered:

	Exhibit A.  DD Form 149, dated 18 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 3 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 15.						

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.